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Competition Class Action UK Competition Appeal Tribunal (CAT)

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal

This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more

BCLP

Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

BCLP on

Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these...more

BCLP

Certification of Collective Actions in the CAT

BCLP on

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification

The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more

Akin Gump Strauss Hauer & Feld LLP

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more

White & Case LLP

Merricks v Mastercard: will US-style class actions become the norm?

White & Case LLP on

In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step...more

A&O Shearman

An examination of global class action regimes after Godfrey

A&O Shearman on

On September 20, 2019, the Supreme Court of Canada (“SCC”) issued a landmark antitrust class action decision in Pioneer Corp. v Godfrey which clarified several procedural questions relating to class actions. Notably, the...more

A&O Shearman

Blow to applicants in UK class actions as MasterCard wins right to appeal

A&O Shearman on

The UK class action regime must take a break whilst the Supreme Court (UKSC) hears the appeal in Merricks v MasterCard concerning the proper approach to certification of a class action....more

Faegre Drinker Biddle & Reath LLP

What MasterCard's Victory Means for the Future of U.K. Class Actions

Heralded as the new dawn for private competition litigation, the Consumer Rights Act 2015 introduced a procedural mechanism for collective proceedings — “class actions” — in the U.K. However, to date, only two applications...more

K&L Gates LLP

Competition Appeal Tribunal Blocks Class Action Against MasterCard

K&L Gates LLP on

In one of the first decisions of its kind, the Competition Appeal Tribunal (“CAT”) has blocked a group of claimants from pursuing a £14 billion “collective action” against MasterCard, in a significant blow to the feasibility...more

A&O Shearman

New competition class action regime off to a slow start

A&O Shearman on

The first ever application to create a class action under the Consumer Rights Act 2015 regime, in relation to anti-competitive conduct in the mobility scooter market, has been adjourned following faults found with the...more

Sheppard Mullin Richter & Hampton LLP

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

K&L Gates LLP

The Beginning of US Style Class Actions in the UK? The Risks Associated with Past and Future Anti-Competitive Behaviour Just...

K&L Gates LLP on

On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more

Cooley LLP

Alert: UK Consumer Rights Act Ushers in New Era for Competition Litigation

Cooley LLP on

The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more

Skadden, Arps, Slate, Meagher & Flom LLP

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

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